Legal Question in Family Law in Ohio
I'm about to be homeless.
My divorce became final in March of this year. My ex wife and I have two sons. She has custody. The child support is taken from my check each week. She is getting about 65% of my gross income. That cannot be right. Where I am employed, we have not had much work lately, but she still gets her $165. a week. Last week, I brought home $120. and that was because I took two vacation days so I would be bringing something home. I have called and written the court house several times with no response. Of course, I cannot afford an attorney to go back to court.
My rent is due and it is $600. My phone has already been cut off and my electricity almost was.
What can I do?? I cannot find another job. I have tried.
3 Answers from Attorneys
Re: I'm about to be homeless.
Contact the local child support enforcement agency and get your support changed. The "courthouse" may not be the proper place.
Good Luck!!!!!!!!!!!!
Re: I'm about to be homeless.
You need to file a motion with the Court to amend the amount of child support you are paying. It needs to be in the form of a formal motion, not just a letter. Depending on where you live, there may be forms or people in the Clerk's office who can help you.
Re: I'm about to be homeless.
Child support in Kentucky is established in relation to a schedule set out in KRS 403.212. Statutes to guide the application of this schedule precede this statute. Calling the courthouse will get you no where. The only way to raise your problem is by written motion. At least seek advise of counsel in the office. It will be worth the time and office call price, if any. If you need to proceed on your own, go the the Circuit Clerk's office to see if there are any local rules. You can obtain the statutes at most public libraries and on the internet at www.lrc.ky.state.us. The Kentucky Rules of Civil Procedure, which govern how motions are made, is available at some public libraries, usually at state university libraries where they have a paralegal program. As a general rule, the child support is established according to the schedule. Child care and other expenses can be added on. This is all governed by the monthly income when the support is set. This cannot be touched for about two years unless there is a significant change (+ - 15%) in income. At any rate, it is always advisable to seek relief in order to establish a track record. Where most people get into trouble is not doing anything. When they are hauled to Court to face contempt, they are reminded that they never asked for relief. Good luck.
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